Mtis Nation of Ontario Code of Conduct Progress Update For: - - PowerPoint PPT Presentation

Métis Nation of Ontario Code of Conduct Progress Update

For: Provisional Council of the Métis Nation of Ontario July 26, 2020 By: Jason Madden & Alissa D. Saieva Pape Salter Teillet LLP www.pstlaw.ca

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Why Are We Doing This?

Survey of MNO Elected Leadership

• 70% observed instances of incivility or

disrespectful behaviour

• 85% agreed that there should be a Code of

Conduct

Deloitte Report

• Recommendation to have an Ethics and

Integrity Commissioner

Advancing Self-Government

• Governments need to have credible and

independent ways to resolve certain types of disputes (i.e., judicial branch of government)

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Lack of Policies or Outdated/Ineffective/Constrained Policies

Overview: Where Are We?

• We have a draft policy that contains many important elements:
• Principles (e.g., respect, fairness and equality, non-discrimination, etc.);
• Purpose (i.e., to regulate the conduct of all MNO citizens, including elected

leadership, on matters related to the MNO); and

• Process (i.e., creation of an Ethics and Integrity Commissioner and other

potential decision-making bodies).

• We also have a draft that contains many problems and challenges for good

governance.

• These are important considerations and discussions to have now as the MNO

transitions towards self-government.

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Principles

• f Good

Governance

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Source: J. Madden, J. Graham, & J. Wilson, “Exploring Options for Métis Governance in the 21st Century,” Institute on Governance (Sept. 2005),

• nline: http://pattersoncreek.ca/wp-content/uploads/2011/02/Exploring-Options-for-Metis-Governance.pdf.

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Applying Good Governance Principles to the Current Policy

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Principles of Good Governance Challenges with the Current Policy Legitimacy & Voice

• Need to have broad-based “buy-in” on the model for legitimacy
• Need to ensure that it is not seen as an attempt to regulate political

speech or political disagreements on legitimate issues Performance

• Lacks effectiveness and efficiency by trying to accomplish too many

things (e.g., overlapping policies and processes, confusing structures) Accountability

• Risks impeding the MNO’s ability to govern if jurisdictions are too

unwieldy

• Some issues should be dealt with by democratically-elected

leadership, not independent officers

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Clarity on Issues Being Addressed

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Ethics & Integrity Commissioner (Independent Officer of the MNO)

Conflicts & Confidential Information Policy (Elected Officials) Fostering Safe Spaces & Civility Through the Avoidance of Harassment & Abusive Behaviour Policy (Elected Officials & Citizens) Other Issues Requiring a Policy?

• Each on of these areas

would have their own policy with clarity on who and what falls within the policy’s scope and what does not (i.e., jurisdiction).

• Each policy will clearly set
• ut a complaints process,

possible remedies or penalties, and rely on the same Independent Officer for implementation.

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Clarity on Issues Being Addressed (cont.)

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• Election-related issues that fall within conduct of MNO elections (i.e., spending

issues, handling of complaints, etc.) should be dealt with through MNO Electoral Codes and ultimately the Chief Electoral Officer (CEO). Additional clarity can be provided within the MNO Electoral Code on how the CEO should handle these issues.

• Fostering safe spaces & civility through the avoidance of harassment & abusive

behaviour involving MNO staff (or towards MNO staff) should continue to be dealt with through MNO’s workplace harassment policies, but thought should be given

• n whether/how to deal with harassment or abuse coming from elected officials

to staff.

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A Consistent & Clear Approach to all New Policies

Context Purpose Jurisdiction

Clear definition on jurisdiction under Policy and clarity on what actions do and do not constitute a breach of the Policy

Process Remedies

A Clear & Streamlined Process for All Policies

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Other Considerations

• Once redrafted, the PCMNO should likely consult citizens on some or all of these

policies to secure “buy-in” since some of the policies will apply to citizens, as well as explain “why” these policies are needed and “how” they help advance self- government.

• The MNO will need to commit significant resources to build internal capacity in
• rder to operationalize these new policies once developed and ratified (e.g.,

Commissioner, support team, training, decision-making/appeal bodies, etc.). The IFFA may be a source of funds for this work if it is a priority.

• A recruitment/search process for this Commissioner should start now.
• While the policies come online, the MNO should continue to work to attempt to

settle disputes in a timely way and in a manner that is consistent with the principles identified, as well as encouraging and creating a culture of calling out abusive, bullying, or uncivil behaviour.

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Questions & Discussion

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